LUNG FU™ Terms of Service
Last Updated: April 9, 2025
Welcome to LUNG FU™ Terms of Service
The Terms of Service ("Terms" or "Terms of Service") presented here make up the agreement between Presage Technologies, Inc. ("Presage") and you. These Terms govern your use and access to Presage's products, software, services, and website (including but not limited to the LUNG FU™ Application, text, graphics, images, and other material and information) as accessed from time to time by you, without regard to use in connection with an account or not (collectively, the "Product").
Please carefully read these Terms and any policies, guidelines, or rules applicable to these Terms, as they constitute a legal agreement between Presage and you. Presage also encourages you to review our LUNG FU™ Privacy Policy for additional information. If you do not agree with these Terms or any other policies, then do not use the Product. You may delete your account from your Account Settings at any time.
THE PRODUCT IS NOT A MEDICAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE BY PRESAGE. THE PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE PRODUCT IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO AND, IN FACT, CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS.
THE U.S. FOOD AND DRUG ADMINISTRATION HAS NOT APPROVED THE PRODUCT.
THE PRODUCT, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY PRESAGE OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED BY OR IN CONNECTION WITH THE PRODUCT, AND YOU SHOULD NOT USE THE PRODUCT OR ANY INFORMATION PROVIDED BY OR IN CONNECTION WITH THE PRODUCT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. NEITHER USE OF THE PRODUCT NOR THE TRANSMISSION AND RECEIPT OF SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL OR ANY OTHER MEANS CONSTITUTES OR CREATES A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND PRESAGE.
You should always consult a physician before making any changes to your activity based on information provided through the Services, or if you have any questions regarding a medical condition. Presage is not responsible for any health problems that may result from information you learn about through the Product. If you make any change to your activity based on the Product, you agree that you do so fully at your own risk. If you feel unexpected, repeating, or long-term pain, fatigue or discomfort due to having made changes to your activity, it is recommended that you consult a physician before continuing with such changes. Reactions to the Product may differ significantly from population averages due to medical conditions or rare natural differences. Please be aware that use of LUNG FU can cause tingling, light headedness, tetany, physical sensations, emotional release, experience of energy/vibrations moving through the body or memory recall. If you have any concerns regarding such effects, your physician should be consulted.
As a precaution, the following conditions are contraindicated for anyone thinking of using LUNG FU: respiratory issues, asthma, pregnancy, epilepsy, seizures, detached retina or glaucoma, high blood pressure (not controlled with medication), cardiovascular disease including angina, previous heart attack or stroke, diagnosis of aneurysm in the brain or abdomen, bipolar disorder, personality disorder, schizophrenia or previous psychiatric condition, recent operations or injury.
There are restrictions regarding who can use the Product. By using the Product or creating an account, you represent, warrant and agree that:
If you choose to use or purchase additional services from Presage for a business or commercial purpose, or any purpose other than personal use, they may have their own terms and conditions. The specific terms and conditions associated with the use or purchase of additional products are made a part of these Terms by this reference. As you agree to these Terms, you also agree to abide by those additional terms and conditions. In the event those additional terms may conflict with or be inconsistent with these Terms, including any arbitration provision or dispute resolution provision, these Terms will control.
Presage may, directly or indirectly, suspend or otherwise deny access to or use of all or any part of the Product without incurring any resulting obligation or liability, if: (a) required under applicable law, rule, or regulation or to prevent an imminent security threat to Presage; or (b) if Presage believes, in its good faith and reasonable discretion, that you or any potential user has failed to comply with the Terms, or accessed or used the Product beyond the scope of the Terms or for a purpose not authorized, hereunder. The foregoing sentence does not limit any rights or remedies to which Presage may be entitled under the Terms or at law or in equity.
Presage may make changes to the Terms at any time. If Presage makes a material change to the Terms, Presage will notify you, such as by posting a notice on our website or sending a message to the email address associated with your account. By continuing to access or use the Product, you agree to be bound by the revised Terms.
Subject to these Terms, Presage hereby grants to you a limited, non-exclusive and non-transferable right to access and use the Product for your personal or internal business use. Nothing in the Terms shall obligate Presage to continue making available access to any Product beyond the date when Presage ceases making available access to such Product.
By accessing the Product, you agree to, acknowledge, and represent that:
As a condition of your use of the Product, you warrant to Presage that you will not use the Product for any purpose that is unlawful or prohibited by these Terms. You may not use the Product in any manner that could damage, disable, overburden, or impair the Product or interfere with any other party's use and enjoyment of the Product. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Product.
You will not, directly or indirectly: reverse engineer, decompile, decode, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Product or any software or data related to the Product; modify, translate, adapt, alter, or create derivative works based on the Product or any software (except to the extent expressly permitted by Company or authorized within the Product); utilize the Product to develop a competitive product to the Product; circumvent, interfere with, disrupt, or disable any security or other technological features or measures of any of the software or interfere with the hosting of the software; distribute, sublicense, rent, lease, sell, assign, loan or, grant access to or use of any of the software to any third party; use the Product or any software for timesharing or service bureau purposes or otherwise for the benefit of a third party or to perform or disclose any benchmarking or performance testing data of the software; remove any proprietary notices or labels; or attempt to do any of the foregoing.
You shall notify Presage (support@presagetech.com) as soon as practicable of any unauthorized access to or use of the Product of which you become aware by a third party identifying themselves as you. You shall be responsible and liable for all access to and use of the Product resulting from access provided by you, directly or indirectly.
You agree that Presage may, in its sole discretion and without prior notice, terminate your access to the Product. You also agree that any violation by you of these Terms, including incorporated policies may constitute an unlawful and unfair business practice, and may cause irreparable harm to Presage, for which monetary damages would be inadequate, and you consent to Presage obtaining any injunctive or equitable relief that Presage deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Presage may have at law or in equity.
Presage may preserve or disclose any information Presage has about you if Presage determines that such preservation or disclosure is necessary. Reasons for disclosure may include, but are not limited to: a connection with any investigation or complaint regarding your use of the Product, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Presage's rights or property, or the rights or property of visitors to or users of the Product, including Presage's customers. Presage reserves the right to preserve or disclose any information that Presage deems necessary to comply with any applicable law, regulation, or valid legal process.
You agree that Presage will not be liable to you or to any third party for termination of your access to the Product as a result of any violation or suspected violation of these Terms.
To use the Product, you may need to create an account. You agree to provide Presage with accurate, updated and complete information for your account. Any parent or guardian who uses the Product on behalf of their child who is under 18 assumes full responsibility for ensuring the information that they provide to Presage about their child is kept secure and that the information submitted is accurate. You are fully responsible for all activities that occur under your Presage account, so it is important to keep your account and password secure. If you think someone has gained access to your account, please contact our Customer Care Team immediately.
Your use of the Product under the Terms is governed by our Privacy Policy which is hereby incorporated into these Terms by reference. Presage encourages you to review our Privacy Policy to learn more about how Presage handles data.
You acknowledge that the Product and relevant software are subject to the U.S. Export Administration Regulations ("EAR"), economic sanctions regulations administered by the Office of Foreign Assets Control ("OFAC") and other applicable U.S. and global export control and economic sanctions laws, rules, and regulations (collectively, "Sanctions and Export Control Laws"). Accordingly, you represent and warrant that you are not named on any U.S. government list of sanctioned parties or any other applicable restricted party list ("Restricted Parties") and are not acting on behalf of a Restricted Party. You shall not (a) access or use the Product or software in any U.S.-embargoed country or region or in violation of any Sanctions or Export Control Laws; or (b) use the Product or software to export, re-export, transfer, or make available, whether directly or indirectly, any export-controlled item or information to any Restricted Parties.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) Your Data is not subject to any export ban or restriction in the country in which you reside, 2) that Your Data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access any Product online.
Other than Your Data, Presage shall own and retain all right, title and interest in and to the Product and software and all intellectual property rights related to any of the foregoing. Presage reserves all rights not expressly granted to you hereunder, and Presage does not grant any other rights under any other data or intellectual property, whether by implication, estoppel, waiver, or otherwise. Presage reserves the right to modify the Product and software at its discretion, including modifying features and functionalities thereof. Presage will have the right to use and exploit, without any payment or attribution obligation of any kind, any comments, feedback, suggestions or ideas you provide to Presage in connection with these Terms, the software or Product.
Presage represents and warrants that the Product shall be free of any virus, back door, drop dead device, Trojan Horse, worm, logic bomb, time bomb, adware, spyware, or other software routine or hardware components designed to permit unauthorized access to, or to disrupt, disable, impede, erase, or otherwise harm, software, hardware or data.
(A) PRESAGE DOES NOT WARRANT THAT THE PRODUCT OR SOFTWARE (OR THE RESULTS OR OUTPUT FROM THE PRODUCT OR SOFTWARE) WILL BE ACCURATE, ADEQUATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCT OR SOFTWARE, (B) THE PRODUCT AND SOFTWARE, THE CONTENTS THEREIN, ANY ACCOMPANYING DOCUMENTATION, AND ANY OTHER DATA OR INFORMATION PROVIDED HEREUNDER, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITH ALL FAULTS, AND PRESAGE SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN OR OTHER ASPECTS OF ANY OF THE FOREGOING, AND (C) PRESAGE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES CONCERNING RESULTS OBTAINED FROM YOUR USE OF THE PRODUCT OR SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE THAT YOU, AND NOT PRESAGE, ARE RESPONSIBLE FOR YOUR USE OF THE PRODUCT AND SOFTWARE, INCLUDING THE RESULTS AND OUTPUT OF SUCH USE.
You, at your expense, will defend, indemnify, and hold Presage harmless from and against any and all losses, damages, liabilities, deficiencies, settlements, judgments, awards, penalties, interest, fines, costs, fees and expenses of whatever kind (including reasonable attorneys' fees and legal costs and expenses) ("Losses") in connection with any third-party claim, action, or proceeding ("Claim") arising from or relating to: (a) your (i) breach of these Terms, (ii) fraud, willful misconduct, or gross negligence, or (iii) violation of applicable law, and (b) a third party alleging the infringement or violation of such third party's intellectual property rights as a result of (i) Presage's use of Your Data, (ii) any modification, enhancement, or misuse by you of any software where such modification, enhancement, or misuse was not furnished or expressly authorized in writing by Presage, or (iii) the combination, operation, or use by you of any third-party software programs, websites, or other technology with any Presage software, where such combination, operation, or use was not furnished or expressly authorized in writing by Presage.
Presage, at its expense, will defend, indemnify, and hold you harmless from and against any and all Losses in connection with any third-party Claim arising from or relating to a third party alleging the infringement or violation by you of such third party's U.S. copyrights as a result of your use of the Product or software that Presage makes available to you, except in each case to the extent such infringement or violation is caused by (a) a modification, enhancement, or misuse by you of the software where such modification, enhancement, or misuse was not furnished or expressly authorized in writing by Presage, (b) failure by you to use new or corrected versions of any software provided by Presage to the extent that such use would have avoided the infringement, or (c) the combination, operation, or use by you of any third-party software programs, websites, or other technology with any Presage software where such combination, operation, or use was not furnished or expressly authorized in writing by Presage. The foregoing indemnity will be your sole and exclusive remedy with respect to any infringement or violation by you of a third party's intellectual property rights as a result of your use of the Presage's Product or software.
The party providing the indemnification ("Indemnitor") shall have exclusive control of the defense of any Claims and all negotiations for settlement or compromise of a Claim; provided that (a) in the event the Indemnitor is unwilling or, in the indemnified Party's ("Indemnitee") reasonable determination, unable to adequately defend such claim, the Indemnitee will have the right, upon notice, to defend such Claim itself and, in such event, the Indemnitor will indemnify and hold the Indemnitee harmless from any and all Losses including those incurred as a result of its defense of such Claim, and (b) the Indemnitor shall not have the right to settle any Claim without the prior written consent of the Indemnitees to the extent that the settlement (i) does not provide for a full and unconditional release of the Indemnitees or (ii) imposes any form of equitable relief against the Indemnitees. The Indemnitees shall provide all reasonable assistance in defending any Claim as may be requested by the Indemnitor, at the Indemnitor's sole cost and expense. For defense of the Claim, the Indemnitor shall choose legal counsel reasonably satisfactory to the Indemnitees. The Indemnitee shall give the Indemnitor written notice of the Claim subject to indemnification hereunder, provided that in no event will an Indemnitee's failure to provide such notice relieve or excuse the Indemnitor's obligations under this Section unless the Indemnitor is actually and materially prejudiced thereby.
Termination: Presage may also, at any time, terminate its legal agreement with you if: (1) you have breached the Terms or incorporated policies, such as the user conduct guidelines (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms); (2) Presage is required to do so by law (for example, where the provision of the Product to you is, or becomes, unlawful); (3) the partner with whom Presage offered the Product to you has terminated its relationship with Presage or ceased to offer the Product to you; (4) Presage is transitioning to no longer providing the Product to users in the country or state in which you reside or from which you use the Product; or (5) the provision of the Product to you by Presage is, in Presage's opinion, no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Product may be referred to appropriate law enforcement authorities. You acknowledge and agree that Presage shall not be liable to you or any third party for any termination of your access to the Product, and you will defend and indemnify Presage and its affiliates against any liability, costs, or damages arising out of the breach of the representation. Finally, Presage may, in its sole discretion, restrict access to the website for any reason.
Survival of Terms: When the Terms come to an end, regardless of who terminates them, both you and Presage will continue to be bound by all but the following sections: Limited License, Modifications to Service.
Entire Agreement: The Terms make up the entire agreement between you and Presage and supersede any prior agreements.
Governing Law: These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any conflict of laws, rules, or provisions.
Waiver: If Presage does not enforce a provision in these Terms, it will not be considered a waiver.
Severability Clause: If any portion or portions of these Terms are found to be unenforceable, the remaining portions will remain in full force and effect.
Assignment: You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. Presage may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. Presage may also substitute, by way of unilateral novation, effective upon notice to you, Presage for any third party that assumes our rights and obligations under these Terms.
Notice
Notices to you may be made via either email or regular mail. Presage may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or through the Product. Official notices must be sent to us at:
Presage Technologies, Inc.
ATTN: General Counsel
13755 Sunrise Valley Dr.
Suite 450
Herndon, VA 20171
Additionally, Presage accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
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